Is Stronger Punishment for Misconduct or Poor Performance Needed for VA Employees? (H.R. 5620)

What is H.R. 5620?

(Updated August 2, 2017)

This bill would strengthen protections for whistleblowers and increase accountability for employees who face discipline for misconduct or poor performance at the Dept. of Veterans Affairs (VA). It would also reform the disability benefits appeals process.

The VA would be authorized to remove or demote one of its employees based on performance or misconduct, potentially removing the employee from civil service or demoting them through a reduction in status or pay. A demoted employee couldn’t be placed on administrative leave or any type of paid leave while they’re appealing the decision, and can only receive pay if they show up to their job.

The appeals process for disciplined employees would be expedited so that they could appeal to the Merit Systems Protection Board (MSPB) within seven days of their firing or demotion. A final ruling would come within 60 days of the disciplinary action becoming final, and that final decision could be appealed through the U.S. Court of Appeals.

The VA wouldn’t be able to fire or demote an employee who is a whistleblower without the approval of the Office of Special Counsel if the employee has filed a complaint with the Office, or until a final decision in a related whistleblower complaint is made. Supervisors who retaliate against whistleblowers could be suspended or fired.

VA employees who are convicted of felonies would potentially be punished by:

• A reduction in the federal annuity that the employee was due to receive;

• Forfeiture of a bonus, award, or relocation expenses paid to the employee;

All Senior Executive Service employees at the VA would be prohibited from being paid an award or bonus during any of the fiscal years between 2017 and 2021.

Veterans who file disability claims with the VA would be able to appeal to a higher level of authority at the VA and receive a decision in writing. This review would process would involve examining the claim as if it were being seen for the first time. Decisions would include a breakdown of what was decided, what evidence was used in making that decision, whether it’s approved or denied, and identify what criteria must be met to increase the veterans compensation.

Argument in favor

The VA needs broader authority to dismiss or demote employees that perform poorly on the job or are found to be guilty of misconduct.

Argument opposed

There’s no need for additional authority to fire or demote underperforming employees at the VA, existing processes work just fine.

Impact

Veterans filing or appealing disability claims with the VA; VA employees who are whistleblowers; VA employees who perform poorly, or are found guilty of misconduct; supervisors at the VA; and the VA’s Office of Special Counsel.

Cost of H.R. 5620

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Jeff Miller (R-FL) introduced this bill to increase accountability for misbehaving and poorly performing employees at the VA:

“The biggest obstacle standing in the way of VA reform is the department’s pervasive lack of accountability among employees at all levels… For too long, union bosses, administration officials and their enablers have used every trick in the book to help VA bureaucrats who can’t or won’t do their jobs remain firmly entrenched in the agency’s bureaucracy. [This bill] gets rid of these loopholes, which have been unfairly forcing veterans and the many good VA workers to deal with deadwood employees for years.”

This legislation has the support of 33 cosponsors in the House, all of whom are Republicans.

Media:

• House Veterans’ Affairs Committee Press Release
• Federal News Radio
• Federal Times
• Government Executive